Majority
p. 1823Harry J. Beach et al., Appellants, v Village of Wolcott et al., Respondents, et al., Defendant. [913 NYS2d 119]
Appeal from an order and judgment (one paper) of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered October 5, 2009. The order and judgment granted the motion of defendants Village of Wolcott and Village of Wolcott Highway Department for summary judgment and dismissed the complaint against them.
It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs. Present — Martoche, J.E, Fahey, Garni, Lindley and Sconiers, JJ.